2013 Legislation Changes

Peninsula Team

January 27 2013

2013 is expected to be a busy year in employment law with changes expected that will have an impact right the way through the employment relationship from recruitment to termination, including the way that large scale redundancies are dealt with, and a new type of employment contract being introduced. Here is a table showing the actual or expected date of implementation of these changes.
February Annual increases to Tribunal awards. The upper limit of unfair dismissal claims will be £87,700; the maximum statutory redundancy pay will be £13,500. The uprating system will also be amended to introduce a common rounding system for calculating the uprating adjustments
March Parental leave increases from 13 weeks to 18 weeks
March Online criminal records checks will be available so that once a check has been done, the results will be available and instantly accessible online so that employers can check whether any information has been added since the check was conducted. For a small fee, the check will be kept up to date, ending repeated applications. (The Criminal Records Bureau is now known as the DBS – Disclosure and Barring Service)
March 3rd party harassment provisions which make employers liable for discrimination against their staff by third parties e.g. customers or suppliers; and statutory discrimination questionnaires will be removed
April Rates of statutory maternity/paternity/additional paternity/adoption pay to increase from £135.45 to £136.78. Statutory sick pay will increase from £85.85 to £86.70
April Minimum collective redundancy consultation period where 100 or more redundancies are proposed will be halved from 90 days to 45 days and a non-statutory code of practice will be created
April Employers will be able to offer employment on a ‘employee shareholder’ basis where employee will be given shares in the company but will lose certain employment rights e.g. the right to claim unfair dismissa
April New Tribunal rules will come into force to manage cases more effectively
April Whistleblowing legislation will be tightened to ensure that protection is only given to employees who make a disclosure that is in the public interest
April Under 18 year olds will no longer be prohibited from working at venues which have betting premises
April Rehabilitation periods for ex-offenders after which a conviction is deemed as ‘spent’ will be reduced
Summer Introduction of fee charging to bring a Tribunal claim
October Increases to National Minimum Wage (subject to confirmation)
Date What’s happening It is also expected that other measures in the Enterprise and Regulatory Reform Bill will be introduced during 2013. These include:
  • re-naming compromise agreements ‘settlement agreements’;
  • creating a rapid resolution scheme for simple or low-value tribunal claims;
  • introducing a duty on parties to attempt pre-claim conciliation via Acas;
  • imposing a fine on employers who breach employment law
Additionally, delayed changes to working time legislation to clarify the interaction of annual leave and sickness absence are expected, together with the introduction of equal pay audits. For any further clarification, please call our 24 Hour Advice Service on 0844 892 2772 .

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